Regional lawyers meet Kagame

A 19-member delegation from the East African Law Society yesterday met with President Paul Kagame at Village Urugwiro.They discussed a wide range of issues related to African justice among which included the possibility of national jurisdictions trying cases of leaders without necessarily referring them to foreign courts like the International Criminal Court.Addressing reporters after the meeting, the Minister of Justice and Attorney General, Tharcisse Karugarama, said President Kagame told the legal professionals that, in his opinion, Africa should handle its legal matters, at least on first instance.“The President made it clear that the citizens of the East African Community (EAC) partner States and other African countries are best placed to their leaders accountable.“This should be done through existing national legislations. The President said it is dangerous to leave the fate of citizens of African countries, in the hands of some foreign jurisdictions as if Africans have no capacity to be able to dispense justice to themselves,” said Karugarama.Kagame also highlighted the need for Africa to put in place a mechanism that would be referred to in case national jurisdictions have not been up to the task, Karugarama added.Recently, there was debate between the East African Legislative Assembly (EALA) and the EALS on whether the case involving four Kenyan officials that is before the Hague-based ICC should be transferred to the Arusha-based East African Court of Justice.The EALS members were of the view that the Kenyan cases remain at the Hague based ICC, but according to Karugama, the President told them that the responsibility for justice, primarily, and at first instance lies, with the Kenyan people.“The President said that, member states of EAC can only contribute to that process and add on a voice and support the initiative but Kenyans have the primary responsibility of handling its cases,” Karugarama said.Recently, EALA passed a resolution to have the bloc’s ministers institute proceedings that would have the trial of the four suspects of post-election violence in Kenya moved from the ICC to EACJ.The president of the EALS, Wilbert Kapinga, said that following their visit, the EALS had borrowed a leaf from Rwanda with regard to the Gacaca courts which, he said, helped settle Genocide cases locally without looking for external help.Regarding the Kenyan suspects of the post-election violence, Kapinga said that the EALS position is, whatever jurisdiction would try them, what is important is efficient and speedy justice.“These matters occurred in 2007, we are now in 2012, so for us to say that let us establish a court that would continue to delay justice... If there is any local remedy within Kenya itself or in the region, then let that process be done, that’s our position,” said Kapinga.He added that; “we believe Kenyans lost an opportunity when they were supposed to set up something similar to Gacaca. Now that the politics are so complicated, they think that the case can now go to Arusha. This is complicated …but Kenyans can still do that, what lacks is the political will.”The vice president of the Law Society, James Aggrey Mwamu, pointed out that it in terms of international law, it is not all lost for Kenya to start up a local tribunal.“What we know is that the process has been politicized and what we are against at the EALS is to use East Africa to deal with matter that Kenyans can basically deal with themselves. If Kenya has failed to set up a local tribunal, they shouldn’t use the regional bloc,” said Mwamu.While the EALS supports the idea of having the ‘Ocampo Four’ tried by the ICC, the court has been accused by most African leaders of double standards and of targeting Africa.At the ICC, the four Kenyan suspects charged with crimes against humanity in the 2007/08 post-election violence include MP William Ruto, Deputy Prime Minister Uhuru Muigai Kenyatta, former head of Civil Service Francis Muthaura, and Kass FM radio journalist Joshua arap Sang.

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Regional lawyers meet Kagame